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Some renters living in violation of 'four-person rule'

Left to right, UNCW students Delaney Fischer, 19, and Christian Davis, 20, stand in the entrance way to their individual bedrooms inside their four person apartment at Seahawk Landing on the campus of UNCW in Wilmington, North Carolina Friday, November 15, 2013. Because their apartment is on campus, they are not in violation of the law.

Number of cases investigated in Wilmington based on complaints that more than three unrelated people lived together (by fiscal year): 2008: 22009: 202010: 522011: 322012: 482013: 11

Source: City of Wilmington

While the fourth renter saves everyone money, it also places the house in violation of a city rule that bars more than three unrelated people from living together.

The rule, which has been on the books since the 1980s, gives the city the authority to intervene when more than three unrelated people live in a household.

Yet the city council recently made an exception. Earlier this month, the council changed Wilmington's code to allow four unrelated people to live in four-bedroom apartments, but only in the multi-family zoning districts.

While the council did not tinker with the original three-person rule, the exception shows a willingness to depart from the restriction.

Three's the limit

At the heart of the rules is the city's definition of family. That definition allows any number of relatives and two unrelated people to share a single household as a family.

"This measure was put in place years back in an effort to protect our single-family residential areas from the noise and traffic and parking issues that may arise when you have multiple unrelated occupants," said Brian Chambers, a city planner, at a recent council meeting.

Councilman Kevin O'Grady said it is obvious the rule is not policed very well. Councilman Charlie Rivenbark said the rule is one of the most difficult to enforce. In the College Acres neighborhood near the University of North Carolina Wilmington, Rivenbark said some yards may have six or seven cars parked there. "Right now, it's a disaster," he said.

Williane Carr, the city's chief code enforcement officer, said the regulation is only enforced if her office gets a complaint. When investigating complaints, officers conduct surveillance and then talk with the house's occupants. "A lot of the complaints are not even valid," Carr said.

If there is a violation, the tenants and property owners receive a formal notice, giving them 30 days to comply.

In some cases, Carr said people are not aware of the rule. "We have a lot of absentee landlords that don't live in Wilmington. They really don't know what's going on," she said.

Over time, though, she said the community is becoming more educated on the rule.

Four or more

Andrew, who did not want his last name used, is one of four students who live in a house in the Long Leaf Acres neighborhood. Before he moved to the house, he paid nearly $600 to rent a bedroom in an apartment. But the price changes in a larger house, where he pays $400.

"You can have more people. It's a lot cheaper," he said. He hasn't heard any complaints from neighbors.

In Wilmington's Landfall neighborhood, a homeowner living in a four-bedroom house has three unrelated tenants, which also violates the city's rule.

The owner, Bob, who also did not want his last name used out of fear of city enforcement, initially had four houses here.

"You know what happened to the economy," he said. Two of the houses sold and a third went into foreclosure, leaving him with the house in Landfall.

"I personally don't really like to have a stranger living in my house," he said. "That's how I survived."

He thinks the city's rule would make more sense if the occupancy limit was based on the property's size. His home is 2,600 square feet.

"It's not like I have a hotel here or something like that." He said everyone who lives there is also 50 or older. "It's not like I have a party house."

At UNCW, the city's occupancy limit does not apply because the university is state property, said Brad Reid, the director of housing and residence life.

Among its on-campus student housing options are buildings such as Seahawk Village and Seahawk Landing that include four-bedroom apartments. Those apartments are popular for a number of reasons, ranging from location to the number of bedrooms to their size, Reid said. "You would say those apartments are highly comparative to what's built off-campus," he said.

Changes ahead

With the city's rule change, the four-bedroom apartments already on UNCW's campus could now be built across the city, as long as they were proposed for land zoned as multi-family.

"It allows for another affordable housing option and it allows us to address our changing housing demands," Chambers, the city planner, said at the meeting when the change was approved.

Cindee Wolf, who frequently represents developers whose projects are under city consideration, proposed the change. Wolfe said shared housing is becoming more of a necessity for students and young professionals.

Rivenbark said the change could give students an option other than homes near the university. "What I see this change accomplishing would be to take the pressure off these single-family neighborhoods," he said.

Not everyone was sold on the idea. O'Grady, who cast the sole vote against the change, questioned the possible impacts of allowing four unrelated people to live together.

Glenn Harbeck, the director of city's planning, development and transportation department, thinks the three-person limit is a problem because it's nearly impossible to enforce.

While he stopped short of calling for a change, he acknowledged people are organizing households differently today than traditional models. And it's not just students or younger people.

One change he envisions is elderly people coming together to share a house to look after one another and save money. Especially as baby boomers age, they will look for alternatives to assisted living, he said.

So will city planners revisit the limiting definition of what a family is?

"I think it might be bigger than Wilmington," Harbeck said. "I think it might come up on the national level."

<p>Andrew rents a $1,600, four-bedroom home in Wilmington. By filling the fourth bedroom, his share of the monthly rent drops by $133.</p><p>While the fourth renter saves everyone money, it also places the house in violation of a city rule that bars more than three unrelated people from living together.</p><p>The rule, which has been on the books since the 1980s, gives the city the authority to intervene when more than three unrelated people live in a household. </p><p>Yet the city council recently made an exception. Earlier this month, the council changed Wilmington's code to allow four unrelated people to live in four-bedroom apartments, but only in the multi-family zoning districts.</p><p>While the council did not tinker with the original three-person rule, the exception shows a willingness to depart from the restriction.</p><h3>Three's the limit</h3>
<p>At the heart of the rules is the city's definition of family. That definition allows any number of relatives and two unrelated people to share a single household as a family. </p><p>"This measure was put in place years back in an effort to protect our single-family residential areas from the noise and traffic and parking issues that may arise when you have multiple unrelated occupants," said Brian Chambers, a city planner, at a recent council meeting.</p><p>Councilman <a href="http://www.starnewsonline.com/section/topic77"><b>Kevin O'Grady</b></a> said it is obvious the rule is not policed very well. Councilman <a href="http://www.starnewsonline.com/section/topic74"><b>Charlie Rivenbark</b></a> said the rule is one of the most difficult to enforce. In the College Acres neighborhood near the University of North Carolina Wilmington, Rivenbark said some yards may have six or seven cars parked there. "Right now, it's a disaster," he said.</p><p>Williane Carr, the city's chief code enforcement officer, said the regulation is only enforced if her office gets a complaint. When investigating complaints, officers conduct surveillance and then talk with the house's occupants. "A lot of the complaints are not even valid," Carr said.</p><p>If there is a violation, the tenants and property owners receive a formal notice, giving them 30 days to comply. </p><p>In some cases, Carr said people are not aware of the rule. "We have a lot of absentee landlords that don't live in Wilmington. They really don't know what's going on," she said. </p><p>Over time, though, she said the community is becoming more educated on the rule.</p><h3>Four or more</h3>
<p>Andrew, who did not want his last name used, is one of four students who live in a house in the Long Leaf Acres neighborhood. Before he moved to the house, he paid nearly $600 to rent a bedroom in an apartment. But the price changes in a larger house, where he pays $400. </p><p>"You can have more people. It's a lot cheaper," he said. He hasn't heard any complaints from neighbors.</p><p>In Wilmington's Landfall neighborhood, a homeowner living in a four-bedroom house has three unrelated tenants, which also violates the city's rule.</p><p>The owner, Bob, who also did not want his last name used out of fear of city enforcement, initially had four houses here.</p><p>"You know what happened to the economy," he said. Two of the houses sold and a third went into foreclosure, leaving him with the house in Landfall. </p><p>"I personally don't really like to have a stranger living in my house," he said. "That's how I survived."</p><p>He thinks the city's rule would make more sense if the occupancy limit was based on the property's size. His home is 2,600 square feet. </p><p>"It's not like I have a hotel here or something like that." He said everyone who lives there is also 50 or older. "It's not like I have a party house."</p><p>At <a href="http://www.starnewsonline.com/section/topic71"><b>UNCW</b></a>, the city's occupancy limit does not apply because the university is state property, said Brad Reid, the director of housing and residence life.</p><p>Among its on-campus student housing options are buildings such as Seahawk Village and Seahawk Landing that include four-bedroom apartments. Those apartments are popular for a number of reasons, ranging from location to the number of bedrooms to their size, Reid said. "You would say those apartments are highly comparative to what's built off-campus," he said.</p><h3>Changes ahead</h3>
<p>With the city's rule change, the four-bedroom apartments already on <a href="http://www.starnewsonline.com/section/topic71"><b>UNCW</b></a>'s campus could now be built across the city, as long as they were proposed for land zoned as multi-family.</p><p>"It allows for another affordable housing option and it allows us to address our changing housing demands," Chambers, the city planner, said at the meeting when the change was approved.</p><p>Cindee Wolf, who frequently represents developers whose projects are under city consideration, proposed the change. Wolfe said shared housing is becoming more of a necessity for students and young professionals.</p><p>Rivenbark said the change could give students an option other than homes near the university. "What I see this change accomplishing would be to take the pressure off these single-family neighborhoods," he said. </p><p>Not everyone was sold on the idea. O'Grady, who cast the sole vote against the change, questioned the possible impacts of allowing four unrelated people to live together.</p><p>Glenn Harbeck, the director of city's planning, development and transportation department, thinks the three-person limit is a problem because it's nearly impossible to enforce.</p><p>While he stopped short of calling for a change, he acknowledged people are organizing households differently today than traditional models. And it's not just students or younger people.</p><p>One change he envisions is elderly people coming together to share a house to look after one another and save money. Especially as baby boomers age, they will look for alternatives to assisted living, he said. </p><p>So will city planners revisit the limiting definition of what a family is?</p><p>"I think it might be bigger than Wilmington," Harbeck said. "I think it might come up on the national level." </p><p>Julian March: 343-2099</p><p>On <a href="http://www.starnewsonline.com/section/news41"><b>Twitter</b></a>: @julian_march</p>